شرط العمالة المحلية في عقد الاستثمار دراسة مقارنة

Local labor clause in the investment contract (A Comparative Study)

Abstract
There are many methods adopted by developing countries where unemployment is increasing and high rates prevail. One of the most important and successful of these methods is the local labor condition, which takes the investment contract as a fertile ground for its inclusion in these contracts. The idea of this condition revolves around stipulating a certain percentage of local labor that the foreign and local investor is obligated to employ in the investment project. Despite the importance of this condition, research on it is rare, or more accurately, non-existent. Therefore, we have turned to researching it in a sequential and logical manner by clarifying the definition of this condition in jurisprudence and legislation and explaining its characteristics. This condition is similar to many legal systems, from which we have distinguished it through the similarities and differences we have reached between them and the condition. The basis of this condition varies from one country to another, including what is stipulated in its legislation. Therefore, the investor is obligated to achieve these percentages without the need to stipulate them in the contract. Other countries have included this condition in bilateral agreements and detailed this condition and the provisions related to it in these agreements. We have examined multilateral international agreements. The matter is not limited to employment only, but most countries have included a condition for local labor and training them on the latest technological programs to replace foreign labor. Many countries do not include this condition as a mandatory requirement, but the investor prefers local labor in these countries despite the lack of a provision stipulating his obligation to employ them, because the local labor in these countries has advanced competence and experience, which makes their employment an advantage and not a condition to which the investor is bound. During the research, we presented the elements of this condition, and clarified the provisions specific to each party and who has the authority to contract with the investor. We detailed the research in the form of a statement of each party’s rights and obligations, by clarifying the resulting effects and the limits of each party’s commitment. We also highlighted the objectives and policies implemented by countries to mitigate the negative phenomena resulting from the lack of job opportunities.
After examining the local labor condition in the investment contract, we found it possible to include it in investment contracts. We hope that the relevant authorities will adopt the law we proposed at the end of the research to reduce the problem of unemployment, eliminate its negative effects, provide job opportunities for Iraqis, and thus achieve sustainable development through the training policies Iraqi citizens receive.